Immigration In Nigeria: An Overview Of Relevant Legal Considerations

INTRODUCTION:

In today's interconnected world, the importance of international business partnerships, shared living experiences, and cross-cultural exchanges in undeniable. Multinational corporations, entrepreneurs and individuals from various corners of the globe are establishing roots in Nigeria, driven by opportunities in business, employment, and tourism. Consequently, immigration acts as a vital tool in facilitating a seamless integration for foreign nationals in Nigeria.

This article examines Nigeria's immigration laws, relevant visas and permits obtainable by foreigners interested in living, working or doing business in the country.

WHO IS AN ALIEN OR A FOREIGNER?

An alien in both national and international law, is a foreign-born resident who is not a citizen by virtue of parentage ornaturalisationand who remains a citizen or subject of another country.¹ According to the Companies and Allied Matters Act 2020 (CAMA)², an alien may be a person or an association, whether corporate or incorporated other than a Nigerian citizen or association. Generally, aliens or foreigners may reside in a country or location temporarily for purposes such as tourism, education, or access to specialised medical services.

In determining the status of an alien or a foreigner, the distinctions between a citizen and an alien can be highlighted as follows:

1. Political Rights: Non-citizens are not endowed with the legal right to vote or vie for political office. Aliens are statutorily barred from participating in fundamental decision-making processes in Nigeria.
2. Revocation of Citizenship: A Nigerian citizen by birth enjoys irrevocable citizenship rights. However, an alien who obtains citizenship through naturalisation or registration may lose said citizenship under certain circumstances.
3. Length of Legal Residence: An alien is not entitled to unlimited length of stay or residence in Nigeria. The actual duration of legal residence is determined by the conditions attached to the type of the visa granted. The foreigner is required to leave the country upon the expiration of the visa.
4. Limitation in access to rights: An alien without the requisite permit is limited in access to rights such as the right to education, right to live, and own property, amongst others.

RELEVANT REGULATIONS AND REGULATORY BODIES FOR IMMIGRATION IN NIGERIA:

There are a plethora of regulations and laws guiding immigration in Nigeria. These laws, however, are subject to the provisions of the ultimate law of the land, the Constitution of the Federal Republic of 1999(as amended). The laws and regulations guiding immigration are as follows:

1. The Immigration Act, 2015.
2. The Immigration Regulation,2017.
3. The New Visa Policy (NVP),2020.

The Nigerian Immigration Service (NIS) is statutorily empowered to manage migration in Nigeria, among other functions³.

FORMS OF PERMITS AND VISAS AVAILABLE TO ALIENS/FOREIGNERS

The provisions of the Immigration Act, 2015 expound on the forms of permits and visas legally available to an alien who intends to live or work in Nigeria. This article focuses on the three summarized below:

CERPAC:

CERPAC an acronym for Combined Expatriate Residence Permit and Aliens Card grants its holder the legal right to live and work in Nigeria for a period, longer than fifty-six (56) days. The CERPAC has an initial validity of two (2) years, renewable for an additional term of two (2) years subject to approval. An alien who intends to obtain a CERPAC must comply with the following obligations by submitting:

1. An application letter drafted by the employer requesting a regularisation of the alien's stay.
2. Obtain an expatriate quota approval.
3. A duly completed CERPAC statutory form.
4. An offer of employment and an acceptance letter of same.
5. An international passport with Subject to Approval (STR) endorsement and copies of the relevant pages.
6. A valid business permit.
7. Pay the prescribed fees.

Foreigners who are diplomats, government officials, and those married to Nigerian men referred to as NIGER-wives along with Non-Governmental Organisations, are included.

EXPATRIATE QUOTA:

According to the Nigerian Ministry of Interior⁴, an expatriate quota is a facility granted to companies or organisations to enable them to engage the services of expatriate personnel who possess skills and competencies in fields that are in short supply or unavailable locally. Upon application, an additional expatriate quota may be granted to a company.

SUBJECT TO REGULARISATION VISAS (STR):

The STR Visas are primarily granted to foreigners and their dependents (corporate or individuals) who have been offered employments in Nigeria, foreign students, foreign staff of Non-Governmental Organisations, technical personnel of diplomatic missions, foreign government officials and their dependents. To be eligible for an STR visa, the following requirements must be complied with:

1. Evidence of sufficient funds.
2. Evidence of accommodation arrangements.
3. Valid passport
4. Proof of approval form the Comptroller-General of the NIS.
5. Recent passport sized 35/40mm.
6. Printout of the online payment acknowledgment slip.
7. Printout of the visa application form.⁵

CONCLUSION:

Depending on the need, there are other forms of visas available to an alien, including a transit visa/entry permit, tourist visa, diplomatic visa, visa on arrival available to foreigners who intend to visit, live, or do business in Nigeria. Furthermore, the new visa policy has significantly improved the ease of access to relevant visas for migrants. However, like most sound policies and laws in Nigeria, the challenge of effective enforcement remains a bottleneck.

Footnotes

1. Encyclopedia Brittanica, The Editors of Encyclopedia Brittanica Article History "Alien" Alien | Rights, Regulations & Policies | Britannica

2. Section 650 CAMA 2020

3. Section 2, Immigration Act,2015

4. Handbook on Expatriate Quota, Ministry of Interior. HANDBOOK.pdf (interior.gov.ng)

5. Nigeria Embassy "Subject to regularization visas" https://ngembassy.info/page/str-vis

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.